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Thread: Manning wins Tier-II law suit

  1. #1

    Smile Manning wins Tier-II law suit

    Manning, AFWCF, v. ADFG, Ahtna, 3KN-09-178CI
    Decision on Summary Judgment, Kenai Superior Ct Judge Carl Bauman

    “CONCLUSION:
    -The motion by AFWCF to invalidate the Ahtna CHP [Community Harvest Permit] is granted;
    -The public trust doctrine improper delegation challenge by Manning to the Board’s authorization of the Ahtna CHP is granted;
    -The open meetings act challenge by Manning is denied;
    -The argument by Manning that his Tier II priority status is a right entitled to heightened constitutional scrutiny is denied;
    -The challenge by Manning to the adequacy of the public notice of the 2009 Board meetings is granted with regard to the Board change from a Tier II to a Tier I hunt and with regard to the finding that subsistence users of Unit 13 caribou only need one caribou every four years;
    -The challenge by Manning to the Board’s experiment to change the Unit 13 caribou hunt from Tier II to Tier I is granted;
    -The Manning/AWFCF challenge to the allocation of 300 caribou to the Ahtna CHP and 300 caribou to the Tier I permit drawing hunt is moot;
    -The challenge by Manning to the Board’s special conditions for the 2009/10 Unit 13 caribou hunt is denied.
    Based on the foregoing rulings, the Board is enjoined from proceeding with a
    Tier I hunt for caribou in Unit 13 this year, is enjoined from delegating CHP hunt administration authority to private entities or individuals, and is enjoined from authorizing an Ahtna CHP that is fundamentally residency-based.”
    Dated: July 9, 2010 Superior Court Judge Carl Bauman
    _____________________
    This means the recently issued ADFG Tier-I lottery permits are null and void, that the ADFG must use the Tier-II hunt for Unit 13 caribou, and the Community Harvest Permits (CHP) for Ahtna Native communities are unconstitutional and struck down!

  2. #2

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    Congratulations on your valiant effort. Sincere appreciation has been expressed by people all over the State. You have much to be proud of and we Alaskan's are eternally grateful. Thank You, Mr. Manning.
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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  3. #3
    Member martentrapper's Avatar
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    Perhaps now the most respected member/s of this Outdoor Forum who continually questioned Mannings motives for this suit, and gave him other rations of Chit could gather round and issue an APOLOGY!
    I can't help being a lazy, dumb, weekend warrior.......I have a JOB!
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    Member highestview's Avatar
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    What does this decision mean, in the big picture?

  5. #5

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    Quote Originally Posted by highestview View Post
    What does this decision mean, in the big picture?
    That the state will be more careful next time so that when they do the same thing they will be ultimately successful.

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    Member bushrat's Avatar
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    Alaskaflyer, great post, was my thoughts too <grin>.

    highestview, as far as what it really means right now, this Newsminer article explains it well I thought:
    http://newsminer.com/view/full_story...dow_left_top_1

  7. #7
    Member AlaskaTrueAdventure's Avatar
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    Br...thanks for the link...which explains the situation to those of us who wanted a simply expository explanation.
    ....yet I fail to see any great, prior post in this thread. Again, Thanks.

    "The Nelchina caribou Tier II/TierI fasco...BOGs war that will never end...".

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    Just got back from F&G. The fall hunt is dead but was told to those who have permits to hold on to them as they MIGHT have a chance for the winter hunt....

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    The state constitution guarantees equal access to fish and game for all residents, regardless of where they live, according to a 1989 Alaska Supreme Court decision.

    Hope this decision stands, seems like there must be a few more cases that could be made in AK if the above statement holds.

  10. #10
    Member cdubbin's Avatar
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    I'm not an expert on these matters but it seems hard to determine who's the winners and losers here. I just hope this crap stays in unit 13 and doesn't infect the rest of the state as the population grows. If the other regional corps start getting fancy ideas we're all in trouble.
    "– Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

  11. #11
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    So this is what happens when demand outstrips the resource.

    1 (1? yes 1!!!!) Caribou every 4 years?

    And NOT be able to harvest anywhere else in the State ta boot................. Screw that(!!!!!!), time to move.
    If you can't Kill it with a 30-06, you should Hide.

    "Dam it all", The Beaver told me.....

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    Member algonquin's Avatar
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    Sorry to say this but the battle is on and already in most areas in some mannor or another.

  13. #13

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    Quote Originally Posted by strangerinastrangeland View Post
    So this is what happens when demand outstrips the resource.

    1 (1? yes 1!!!!) Caribou every 4 years?

    And NOT be able to harvest anywhere else in the State ta boot................. Screw that(!!!!!!), time to move.
    Uh, that is part of what got shot down with this lawsuit. This has been the situation for a couple of years, so nothing new. Where you have you been?

  14. #14
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    Well Anchskier, Ive been hunting.

    Didnt have time or place to know about any of such, as my slice of the pie here is pretty generous.
    I can get 5 Caribou a DAY on state land and more on Fed lands, so I just plowed along merrily about my haunts, not even conceiving that 1 Caribou every 4 years was possible.

    Might be Soilent Green when were all done, quicker than I thought........

    Wasnt till a couple years ago that I started even reading the internet. TV gennerally sucks, unless its adventure or educational, and all the News seems to always be BAD News, so I tune out.
    Life with 9 females in the house is challenging enough~~LOL!!~~

    Living inna village brings on the World and all its info, and so now I know.
    If you can't Kill it with a 30-06, you should Hide.

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    Moderator LuJon's Avatar
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    Not sure if it would pass legal muster but my vote is for a hybrid system that provides pref points based on the tier II application but is ultimately an open draw. You get x amount of points based on the tier II application for that year then 1 point per year you apply. Seems to be the most fair for this highly sought after resource.

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    5 caribou a DAY! and you wonder why AK has management issues??? thats insane no matter how you cut it. Wonder whos responsible for that crazy decision?

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    Member ACNDHO's Avatar
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    5 caribou a DAY! and you wonder why AK has management issues??? thats insane no matter how you cut it. Wonder whos responsible for that crazy decision?


    Living like Stranger does, whatever amount it takes to feed your family or village for that matter. Sure not running to to grub store for steaks.
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    Quote Originally Posted by yukon254 View Post
    5 caribou a DAY! and you wonder why AK has management issues??? thats insane no matter how you cut it. Wonder whos responsible for that crazy decision?
    When you live in an area where money is scarce, it makes sense to harvest as much as you can using as few resources as possible. When gas is $10 a gallon, why make 5 trips on 5 different days to get 5 caribou when you can get them all in one trip? Efficiency is the name of the game.

    Now when you're just hunting for fun, or a trophy, or a challenge, efficiency might not matter all that much to you.
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    We all live in areas where money is scarce these days. If you can kill 5 caribou a day... how long is the season?? Or is it 5 caribou total per year?? My only point is I dont care where you live in AK. its only so big, has only a certain amount of game and can take only so much hunting pressure. With bag limits like that wont be long and all Alaskans will be looking at 1 caribou in 4 years.
    If your hunting for more than one family OK fine, but an average size family wouldnt need 5 caribou a year, if other game like moose fish were available.

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    Back to the point of the thread. This judge saved our bacon, guys. A lot of little villages were in the process of trying to get community hunts, meaning we non-locals were going to get screwed. Thanks to Ken Manning and our Alaska Outdoor Council for making the Board of Game follow the constitution. We should all call Gov. Parnell's office and tell him to NOT challenge this decision. Let it stand.

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